Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6437 of 2019 Petitioner :- Shyam Sunder Singh Respondent :- Sita Ram Verma And 18 Others Counsel for Petitioner :- Sumit Kumar Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed challenging the order dated 18.7.2019, whereby the trial court, while declining to grant exparte ad interim injunction in favour of the plaintiff- petitioner, issued notice to the defendants inviting objections against the application fixing 20.8.2019. The petitioner has also challenged the order dated 8.8.2019 passed by the appellate court dismissing Misc. Civil Appeal No.NIL of 2019 as not maintainable placing reliance on judgement of this Court in Amreek Singh Vs. M/s Bala Ji Rice Mills, 2013 (119) RD 844.
Counsel for the petitioner is not in a position to dispute that the appeal was not maintainable against the order dated 18.7.2019 passed by the trial court inviting objections against the application for temporary injunction. In so far as the order of the trial court dated 18.7.2019 is concerned, this Court finds no illegality therein to warrant interference in exercise of power under Article 227 of the Constitution.
However, the instant petition is disposed of by providing that soon after the defendants are served, the trial court shall make endeavour to decide the application for temporary injunction, by fixing short dates and without granting unnecessary adjournments to the parties.
(Manoj Kumar Gupta, J) Order Date :- 27.9.2019 SL